In re the Accounting of Gehrig

Appellate Division of the Supreme Court of New York

In re the Accounting of Gehrig

278 A.D. 702, 103 N.Y.S.2d 288, 1951 N.Y. App. Div. LEXIS 4421

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1951

StatusPublished

Cited by1 cases

This text of 278 A.D. 702 (In re the Accounting of Gehrig) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting of Gehrig, 278 A.D. 702, 103 N.Y.S.2d 288, 1951 N.Y. App. Div. LEXIS 4421 (N.Y. Ct. App. 1951).

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Opinion

In a proceeding for the settlement of the account of an executor and trustee and for construction of a will, decree of the Surrogate’s Court, Nassau County, insofar as appealed from, reversed on the law, with costs to all parties filing briefs, payable out of the estate, and it is adjudged that under the third paragraph of the will, one half of the remainder, on the death of the life tenant, vested in the testator’s son Howard, who had survived the testator. The matter is remitted to the Surrogate’s Court for the making of another decree distributing the assets of the estate in accordance with the foregoing determination. The direction in the will that upon the death of the life beneficiary the principal [703]*703of the trust be paid in equal shares to the children and the issue of any deceased child, served to vest in each of the two children of the testator a vested share of the remainder upon their surviving the testator. (Matter of Montgomery, 258 App. Div. 64, affd. 282 N. Y. 713; Connelly V. O’Brien, 166 N. Y. 406; Matter of Watson, 262 N. Y. 284, 298, 299; Vanderzee V. Blingerland, 103 N. Y. 47, 53, 54; Nelson v. Russell, 135 N. Y. 137.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ., concur.

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In a proceeding for the settlement of the account of an executor and trustee and for construction of a will, decree of the Surrogate’s Court, Nassau County, insofar as appealed from, reversed on the law, with costs to all parties filing briefs, payable out of the estate, and it is adjudged that under the third paragraph of the will, one half of the remainder, on the death of the life tenant, vested in the testator’s son Howard, who had survived the testator. The matter is remitted to the Surrogate’s Court for the making of another decree distributing the assets of the estate in accordance with the foregoing determination. The direction in the will that upon the death of the life beneficiary the principal [703]*703of the trust be paid in equal shares to the children and the issue of any deceased child, served to vest in each of the two children of the testator a vested share of the remainder upon their surviving the testator. (Matter of Montgomery, 258 App. Div. 64, affd. 282 N. Y. 713; Connelly V. O’Brien, 166 N. Y. 406; Matter of Watson, 262 N. Y. 284, 298, 299; Vanderzee V. Blingerland, 103 N. Y. 47, 53, 54; Nelson v. Russell, 135 N. Y. 137.) Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ., concur.

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Bluebook (online)

278 A.D. 702, 103 N.Y.S.2d 288, 1951 N.Y. App. Div. LEXIS 4421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-gehrig-nyappdiv-1951.

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